TRAFFIC VIOLATIONS - NEW JERSEY

NJ MUNICIPAL COURT LAWYER


Driving is a privilege.

It is not a right. If you do not obey all traffic laws, your driver license could be suspended or revoked. Fines and imprisonment may also be imposed for moving violations. License restoration depends on the types of offenses and the number of convictions.

Michael J. Glassman & Associates, LLC, of Voorhees, NJ handles a variety of offenses in the municipal courts: DUI, license suspension, reckless driving, traffic tickets and violations, assault, harassment, and disorderly conduct . Many people feel they can handle traffic violations on their own.  However, traffic violations can have serious negative consequences for both your driver's license and insurance rates. Speaking to an experienced attorney can help you minimize, and often eliminate, the adverse effects of a traffic violation.

Q: How many points does DMV assess for traffic tickets?

A: A person who is convicted of any of the following offenses will be assessed points by the New Jersey Division of Motor Vehicles in accordance with the following schedule:

STATUTORY VIOLATION
(N.J.S.A.)


DESCRIPTION


POINTS
27:23-29 Moving against traffic- Tpke., Garden State Pkwy. and Atlantic City Expressway
2
27:23-29 Improper passing - N.J. Tpke., Garden State Pkwy. and Atlantic City Expressway
4
27:23-29 Unlawful use of median strip - N.J. Tpke., Garden State Pkwy. and Atlantic City Expressway
2
39:3-20 Operating Constructor vehicle in excess of 30 mph
3
39:4-14.3 Operating motorized bicycle on restricted highway
2
39:4-14.3d More than 1 person on a motorized bicycle
2
39:4-35 Failure to yield to pedestrian in crosswalk
2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk
2
39:4-41 Driving through safety zone
2
39:4-52, Racing on highway
5
39:4-55 Improper action or omission on grades and curves
2
39:4-57 Failure to observe directions of officer
2
39:4-66 Failure to stop before crossing sidewalk
2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign
2
39:4-71 Improper driving on sidewalk
2
39:4-80 Failure to obey directions of officer
2
39:4-81 Failure to observe traffic signal
2
39:4-82 Failure to keep right
2
39:4-82.1 Improper operating of vehicle on divided highway or divider
2
39:4-83 Failure to keep right at intersection
2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction
5
39:4-85 Improper passing on right or off roadway
4
39:4-85.1 Wrong way on one-way street
2
39:4-86 Improper passing in "No passing" zone
4
39:4-87 Failure to yield to overtaking vehicle
2
39:4-88 Failure to observe traffic lanes
2
39:4-89 Tailgating
5
39:4-90 Failure to yield at intersection
2
39:4-90.1 Failure to use proper entrances to limited access highway
2
39:4-91, 92 Failure to yield to emergency vehicle
2
39:4-96 Reckless driving
5
39:4-97 Careless driving
2
39:4-97a Destruction of agricultural or recreational property
2
39:4-97.1 Slow speed blocking traffic
2
39:4-97.2 Unsafe driving (third offense only)
4
39:4-98, 99 Speeding up to 14 mph above limit
2
Speeding 15-29 mph above limit
4
Speeding 30 mph or more above limit
5
39:4-105 Failure to stop at traffic light
2
39:4-115 Improper turn at traffic light
3
39:4-119 Failure to stop at flashing red signal
2
39:4-122 Failure to stop for police whistle
2
39:4-123 Improper right or left turn
3
39:4-124 Improper turn: from approved turning course
3
39:4-125 Improper U-turn
3
39:4-126 Failure to give proper signal
2
39:4-127 Improper backing or turning in street
2
39:4-127.1 Improper crossing of railroad grade crossing
2
39:4-127.2 Improper crossing of bridge
2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles
2
39:4-128.1 Improper passing of school bus
5
39:4-128.4 Improper passing of frozen dessert truck
4
39:4-129 Leaving scene of accident - No injuries
2
39:4-129 Leaving scene of accident - Personal injury
8
39:4-144 Failure to observe of stop or yield signs
2
39:5D-4 Moving violation out-of-state
2

If you plead guilty in Court OR if you send in the fine and your ticket to the Court when a court appearance is not required, you will have a CONVICTION on your record . That conviction may result in DMV SURCHARGES, INCREASED INSURANCE COSTS and LOSS OF LICENSE.

Call Michael J. Glassman & Associates TODAY
for a FREE Consultation!

Tele: 856.784.9222.

Q: Do points cost me money?

A: Insurance companies may raise the premiums charged to drivers with points. Also, DMV assesses a "surcharge" to anyone who carries six or more points. If the surcharge is not paid, the driver's license will be suspended.

Q: How do points effect my driving privileges?

A: The DMV will suspend a person's driver's license in accordance with the following schedule:

POINTS ACCUMULATED PERIOD OF SUSPENSION
12 to 15 points in a period of two years or less 30 days
16 to 18 points in a period of two years or less 60 days
19 to 21 points in a period of two years or less 90 days
22 to 24 points in a period of two years or less 120 days
25 to 27 points in a period of two years or less 150 days
28 or more points in a period of two years or less not less than 180 days
15 to 18 points in a period greater than two years 30 days
19 to 22 points in a period greater than two years 60 days
23 to 26 points in a period greater than two years 90 days
27 to 30 points in a period greater than two years 120 days
31 to 35 points in a period greater than two years 150 days
36 or more points in a period greater than two years not less than 180 days
12 to 14 points in a period greater than two years 30 days

If you plead guilty in Court OR if you send in the fine and your ticket to the Court when a court appearance is not required, you will have a CONVICTION on your record . That conviction may result in DMV SURCHARGES, INCREASED INSURANCE COSTS and LOSS OF LICENSE.

Call Michael J. Glassman & Associates TODAY
for a FREE Consultation!

Tele: 856.784.9222.


Q: What are the fines and penalties for traffic offenses?

A: Many traffic offenses carry minimum, mandatory fines and penalties. Some of them are as follows (court costs are not included):

Motor Vehicle Section Penalty
N.J.S.A. 39:3-40 Driving after license has been suspended - first offense
and up to 6 mos. additional license suspension
$500
Second Offense
and not more than 5 days imprisonment and up to 6 mos. additional license suspension; if second offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver's license issuspended
$750
Third Offense
and 10 days imprisonment and up to 6 mos. additional license suspension; if offense within 5yrs. of prior conviction for 39:3-40, then revocation of registration certificate for The period driver's license is suspended
$1,000
In addition to other penalties, if suspension was for violation of N.J.S.A. 17:29A-35 (payable to DMV) $3,000
Note: In addition to above penalties for violation of 39:3-40, in case of accident resulting in personal injury to another person, include 45 to 180 days imprisonment; if accident results in death or serious bodily injury to another person, driver's license shall be suspended for additional period of one year.
N.J.S.A. 39:3-40(f)(1) Driving during suspension for driving without insurance (First offense) and possible imprisonment for up to 90 days and 12 to 30 mos. additional suspension of driver's license " notwithstanding " the above penalties. Driving during suspension for driving without insurance $1,000
(Second offense)
and possible imprisonment for up to 90 days and 12 to 30 mos. additional suspension of driver's license; if offense within 5 yrs. of prior conviction for 39:3-40, then Revocation of registration certificate for the period driver's license is suspended; " notwithstanding " the above penalties Driving during suspension for driving without insurance
$1,250
(Third or subsequent offense)
and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver's license; if offense within 5 years of prior conviction for 39:3-40, then revocation Of registration certificate for the period driver's license is suspended; "notwithstanding" the above penalties
$1,500
N.J.S.A. 39:3-40(f)(2) Driving during suspension for driving while intoxicated, refusing Chemical test or habitual offender (first offense)
and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver's license and revocation of registration certificate for the period driver's license is suspended "notwithstanding" the above penalties. The judge should consult the statute. Also see penalties under 39:4-50a Driving during suspension for driving while intoxicated, refusing
$1,000
Chemical test or habitual offender (second offense)
and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver's license and revocation of registration certificate for the period driver's license isis suspended "notwithstanding" the above penalties Driving during suspension for driving while intoxicated, refusing Chemical test or habitual offender
$1,250
(Third or subsequent offense)
and imprisonment for 10 to 90 days and 12 to 30 mos. additional suspension of driver's license and revocation of registration certificate for the period driver's license is suspended "notwithstanding" the above penalties.
$1,500
N.J.S.A. 39:3-40(f)(3) Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing (First offense)
and imprisonment for 60 to 90 days and 12 to 30 mos. additional suspension of driver's license " notwithstanding " the above penalties. The judge should consult the statute. Also, see penalties under 39:4-50a Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing
$1,000
(Second offense)
and imprisonment for 120 to 150 days and 12 to 30 mos. additional suspension of driver's license; if offense within 5 yrs. of prior conviction for 39:3040, then revocation of registration certificate for the period driver's license is suspended; " notwithstanding "the above penalties. Driving during suspension for driving while intoxicated or refusing chemical test in school zone or crossing
$1,250
(Third or subsequent offense)
and imprisonment for 180 days and 12 to 30 mos. additional suspension of driver's license; if offense within5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver's license is suspended; "notwithstanding" the above penalties.
$1,500
N.J.S.A. 39:3-40(g) Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 (first offense)
and up to 6 mo. suspension of driver's license and $3,000 fine to be collected by DMV (waived upon Payment of total surcharge imposed) Driving during suspension for failure to pay N.J. Merit Rating
$500
Plan surcharges under N.J.S.A. 17:29-35 (second offense)
and up to 6 mo. suspension of drivers license and Up to 5 days imprisonment and $3,000 fine to be Collected by DMV (waived upon payment of total surcharges imposed); if offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration Certificate for the period driver's license is suspended;
$750
Driving during suspension for failure to pay N.J. Merit Rating Plan surcharges under N.J.S.A. 17:29A-35 (third or subsequent offense)
and up to 6 mo. suspension of drivers license and up to 10 days imprisonment and $3,000 fine to be collected by DMV (waived upon payment of total surcharge imposed) If offense within 5 yrs. of prior conviction for 39:3-40, then revocation of registration certificate for the period driver's license is suspended
$1,000
N.J.S.A. 39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous substanse
and 2 yrs. suspension of driver's license
$ 50
N.J.S.A. 39:4-50 Operating under the influence (Also, see Surcharges below)
and 12 to 48 hrs. detainment (per I.D.R.C. requirements); and in court's discretion not more than 30 days imprisonment; also 6 mos. to 1 yr. suspension of driver's license; also may order supervised visitation program and may order installation of ignition interlock device for 6 mo. to 1 yr.; also must satisfy Intoxicated Driver Resource Center requirements
$250-400
Second Offense (if second offense occurs more than 10 yrs. after the first conviction shall treat as first offense) (Also, see surcharges below)
and 30 days community service and 48 hrs. to 90 days imprisonment and 2 yrs suspension of driver's license and may order installation of ignition interlock device for 1 to 3 years; also may order supervised visitation program; also must satisfy I.D.R.C. requirements
$500-1,000
Third or Subsequent Offense (If third or subsequent offense occurs more than 10 yrs. after second conviction, shall treat as a second offense.) (Also see surcharges below)
and 180 days imprisonment (may be lowered by up to 90 days serving community service) and 10 yrs. suspension of driver's license and may order installation of interlock Device for 1 to 3 years; also may order supervised visitation program; also must satisfy I.D.R.C. requirements
$1000
Violation while on or within 1,000 feet of school property or at school crossing (also see surcharges below)
and up to 60 days imprisonment and 1 to 2 yrs. suspension of driver's license; also may order installation of ignition interlock device for 6 mos. to 1 yr.; also must satisfy I.D.R.C. requirements
$500-800
Second Offense (Also, see surcharges below)
and at least 96 hrs. and up to 180 days imprisonment and 60 days community service and at least 4 yrs suspension of driver's license and may order installation of ignition interlock device for 1 to 3 yrs; also must satisfy I.D.R.C. requirements
$1,000-2,000
Third Offense (Also, see surcharges below)
and 180 days imprisonment and 20 yrs. suspension of driver's license and may order installation of ignition interlock device for 1 to 3 yrs; also must satisfy I.D.R.C. requirements
$2,000
Surcharge for Victim of Crimes Compensation Board
(imposed on each conviction)
$ 50
Surcharge for Drunk Driving Enforcement Fund
(imposed on each conviction)
$100
Surcharge for Safe Neighborhood Services Fund
(imposed on each conviction)
$ 75
N.J.S.A. 39:4-50.2 Refusal to undergo chemical test
and referral to I.D.R.C. and 6 mos. suspension of driver's license
$250-500
Second offense
and 2 yrs. suspension of driver's license and referral to I.D.R.C.
$250-500
Third or subsequent offense
and 10 yr. suspension of driver's license and referral to I.D.R.C.
$250-500
Violation while on or within 1,000 feet of school property or at School crossing
and 1 yr. suspension of driver's license and referral to I.D.R.C.
$500-1,000
Second offense
and 4 yrs. suspension of driver's license and referral to I.D.R.C.
$500-1,000
Third or subsequent offense $500-1,000
Surcharge for Drunk Driving Enforcement Fund (imposed on each conviction) $100
N.J.S.A. 39:4-97 Careless driving
or up to 15 days imprisonment, or both
$50-200
N.J.S.A. 39:4-97a Motor Vehicles operation causing property damage
or up to 15 days imprisonment, or both
$50-200
N.J.S.A. 39:4-98 Speeding
or up to 15 days imprisonment, or both
$50-200
N.J.S.A. 39:4-129a Leaving the scene of accident involving injury or death (other than injury to defendan
or 180 days imprisonment, or both, and 1 yr. forfeiture of driver's license
$500-1000
Subsequent offense
or 180 days imprisonment, or both and permanent forfeiture of driver's license
$1000-2000
N.J.S.A. 39:4-129b Leaving scene of accident involving damages to attended vehicle or proper
or not more than 30 days imprisonment or both and 6 mos. forfeiture of driver's license
$200-400
Subsequent offense
or 30 to 90 days imprisonment or both and 1 yr. forfeiture of driver's license
$400-600
N.J.S.A. 39:4-129d Leaving the scene of accident involving damages to unattended vehicle or property
or not more than 30 days imprisonment or both and 6 mos. forfeiture of driver's license
$200-400
Subsequent offense
or 30 to 90 days imprisonment or both and 1 yr. forfeiture of driver's license
$400-600
N.J.S.A. 39:4-130 Failure to report accident $30-100
N.J.S.A. 39:6B-2 Liability Insurance Coverage: Failure to carry insurance (1st offense) and a period of community service as determined by the Court, and 1yr. suspension of driving privileges $300-1,000
Subsequent Offense
and 14 days imprisonment and 30 days community service (terms of service determined by the Court) and 2yrs. suspension of driving privileges
$5,000

CAUTION! You will have a CONVICTION on your record if you plead guilty in Court of if you send in the fine and your ticket to the Court when a court appearance is not required. That conviction may result in DMV SURCHARGES, INCREASED INSURANCE COSTS and LOSS OF LICENSE.

Call Michael J. Glassman & Associates TODAY
for a FREE Consultation!

Tele: 856.784.9222.

___________________________
Additional Resources:
NJ Provisional Drivers License - www.njlawcenter.com/ProvisionalLicense.shtml
NJ Division of Motor Vehicles - www.state.nj.us/mvc/index.shtml
NJ DMV Violations and Penalties - www.state.nj.us/mvc/cit_violations/d_violations.html
Driver Programs - www.state.nj.us/mvc/cit_driver_programs/d_driver_programs.html
NJ DMV On-line services: www.state.nj.us/mvc/online.html


 

 

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